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tv   [untitled]    December 14, 2014 9:00pm-9:31pm PST

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remember this forever. bat kid forever in san francisco >> san francisco is unique in this way and it's part of our compassion and we have a civic duty to be involved and people are stepping forward if in huge way. it's about san francisco and it's inspired by miles and about every child who has a seve meeting. >> good evening it is monday december 8, 2014, we're starting the san francisco small business commission at 5:30 the san
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francisco small business commission is televising live looked like to thank sfgovtv for their efforts to televise this meeting and the sfgovtv for making in meeting possible members of the public please take the time to silence our cell phones and other electronic diaz and i don't think we have to appreciate right now so mr. president, shall i call the meeting to order. >> yes. >> commissioner president adams commissioner dooley commissioner dwight commissioner ortiz-cartagena sfen arrest commissioner white commissioner bonilla mr. president, you have quorum. >> okay. next item general public comment do we have any members of the public that want to make comments on items not on today's
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agenda? seeing none, public comment is closed next item, please. >> mr. president, item number 3 is the possible action to make recommendations to the board of supervisors on board of supervisors file number 141098 house and business and tax regulation code tobacco sales and associated fees a new ordinances amending the ordinance by adding the proximity it and the granting of new tobacco sales permits renumbering all sections of article i 9 h this also amends the business and tax code by enabling the application and license fee and making the environmental venltsd i don't see victor in supervisor mar's office. >> do we want to then we can
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move and switch item three and four if ellen is here with the off office of. >> we'll extend item 3 and move open to item 4. >> thank you. >> item 4 a presentation been the health care security succeed administration guidance on the health care on ordinance issued october 2, 3, 424 and elie less than here from the office of workforce and development to provide a presentation to you. >> you want to then we can go with victor first. >> let's switch back to 3 to keep it in order. >> thank you ellen for grayish stepping in we'll go back to
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item 3 and victor call you up to have the presentation this has been called introduced into the record. >> sorry for being late i'm viking for olympic aid to supervisor mar the inhabitant and others have been working on the current codes had is amending the code by adding proximity and statute of limitations on the business and tax regulation code by increasing the annual license and application fees for permits and making environmental finding so be a little bit about the history this came to us about 2 years ago if the youth institute and they saw that in many of the
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lower income neighborhoods and districts in san francisco that saw a high in number of mom and pop stores that own and hold tobacco licenses they want to see if there's a way to put a cap on that and it would also at the same time not to adversely effect the licenses in place with a lot of the establishments so we worked with the arab association and this legislation to negotiate and finalize the details of the legislation for the currently form we have now and what we're going to propose is that each spoiler district we want to propose a cap of 45 and no existing permits will be
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taking taken away if you are killer own the store it will remain in place and if a business lose their permits the district over the cap of 45 a new permit will not be issued in that district, however, i'll go over the details no new permits issued to a new location no change in for a new location. >> there are some carve out categories and certain categories of businesses like restaurant low you no longer be issued a permit a business remit for new permits no new permits issued to a new business between five or six photo of a school or 6 photo from another tobacco
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store, however, a one-time permit for long term stores at the physique date of the ordinance for retail food stores that submitted a proof they've been in business foyer three or four years at the same location they can sell their permits along with the permit to the buyer for one time and if this new owner of the store the mom and pop store they choose to rain it for 2 years in business continually they'll be able to have a second one time permit sales to the second buyer of the store and also most recently, we worked with the cigar bar and they also will be given
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exemptions from the limitations on the new rule and permits will be made available one time passed down to a child of an existing owner this will not apply to the purchase ersz of the business so if all of you and my son had a business today, the business also carries a tobacco licensed we can pass it down to our children and the defines will be made out by bio logical children and this point you see district 3 and 6 they are heavily over sat ratted they have over 2 hundred licenses in those districts some districts are under the capacity of the 45 so
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over negotiations we came up with a number of 45 as a recommendation and this is really to help promote a new healthy business model there's been questions about would there be effects to the business revenue and it supports a healthy retail ordinances we passed supervisor mar passedarlier in the short run they'll receive assistance to change their business model because for certain owners they may the sales of the current business may have a significant business from cigarette butts so for healthy business models and programs occult there it will help them do more fresh food and updating their mom and pop stores to see what they can
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provide to change the percentage of sales of tobacco and provide new programs and products and other things so that's the general overrun or summary of the tobacco reduction ordinance and supervisor mar wants to call it so any questions from the xhirtsz? >> my commission questions arrest commissioner riley. >> hi. >> hi. >> thank you for your presentation and here's where the 45 or more predicaments in the district no more new permits being issued so how many of the district have 45 or how many under. >> about one hoof so this is i would need to get the data for you i'm not sure if you're packets have the day
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maybe 2/3rd's of the districts are over the 45 limit threshold. >> so there's a few that have less than 45. >> yes. >> so where we see i wish i had the map to present today but if you look at chinatown and in 3rd district and selma and the tenderloin and look along mission enter and outer mission some along third street business corridors along norway we go and cherryville and others geary you'll see a higher number of the stores with the tobacco licenses this is out of any memory now but definitely districts 6 and 3 are well over
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capacity. >> so what - where does the 45 come from. >> this was from the thinking public health department and with the gorgeous association it helps to reduce competition it didn't hurt or effect the current businesses because with the preservation of new licenses the current business owns what the license will be able to continue their sales and over and i transition you'll see a reduction. >> thank you. >> commissioner tour-sarkissian. >> i have two questions about the distinction just the name for a question. >> sure. >> you know the defined tobacco
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shop and restaurant we first retail food stores under the section it talks about the new radiations it refers to the planning code what's the retail of the food store. >> retail food store. >> did that include the liquor store. >> if the store is offering food or acholic beverages let me see. >> the main purchase of the location to offer food and alcohol sales like liquor for most of their sales then this law kicks in to not allow the issuance of the permit but let me get a clarification my colleague had a last minute issue. >> you're reading from your
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notes not from the meantime. >> i have a version felt not right here. >> yeah. >> another question about the about the children. >> uh-huh. >> just before going to the children why does r does it not include the spouses or the domestic partners. >> that's the discussion of the association i wasn't there but this was explored earlier so there was a top like a direct from the next was what they agreed upon because it would open up a different topic like cuz or spoudz we tried to keep it simple but simple by
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excluding the wife. >> i said the deceased and the spouse takes over the second issue when it passes onto the child does the business have to be in operation years in doing that or for any business there's a free passage to the child. >> that's not clear he let me get clarification tomorrow they're going to introduce the objection detrimental shopping so i'll have to get back my understanding that should be separate from the respiratory that we are talking about for 5 years and the 10 years for the child. >> that let me get the technical answers for your. >> i'm done. >> okay. >> sorry i couldn't target. >> commissioner ortiz-cartagena
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thank you for the presentation and it had a lot of positive feedback the only question any consideration for businesses that are going through the conditional use they have year cap and then the 45 mark but ems this commission is progressing and the business plan didn't have that included that legislation were passed during the process so i was wondering if any consideration was given. >> again that is a very technical question cu process i know there are certain stores under the process
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there is the cut off date for the submissions before september 1st of 2014 but i have to refer to the actual legislation i'm sorry i don't have it in front of me i know what they're talking about for certain businesses that are trying to open up pending right now. >> uh-huh, uh-huh. >> but i don't have an answer at this moment. >> sorry. >> all right. >> commissioner dwight. >> did if allow for a business to move a location if you're licensed. >> if you move it's considered if it's visible through the whole thing but that would be a transfer unless the same person. >> if a person is forced to move from in their location is
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the building changes hands can we move to a acceptable. >> we're going to have the legislation on this this is the soft story ordinance we didn't foresee this issue right between two or three weeks ago we're going to make we're going to have this approved and address that issue with the follow-up legislation first thing and when we come back in january with you yes. that will be addressed. >> another thing i'd be surprised in community participating property laws explicit preclude this from transfer of the a to a spouse you have the transfer you may want to check the legit and finally i'm a little bit interested in this idea of
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regulating the number to an absolute number that is the same in each district i'll presume over the years they were last drawn they changed the mixture and what's the per capita of the density of those businesses it seems like it is ash traded by district then by the area covered and the residential density and the business density so those businesses are different in they're comingtion i wanted to point out the bayview is different so it is also a large area. >> right. >> that's a good question when we started this 2 years ago we want to look at did police districts they had a lot of districts or based on cb d or so
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or neighborhood i think at the time it was hard to come across another way of separating it i agree and understand that the geometry is different what we know since the data we're using roadway was a collected in 2011 there's been minor changes but the districts that are still over the suggested threshold of 45 still residential true so i think at woody allen one way for the convenience of deciding the administrative review of this ordinance i hear what you're saying. >> yes. by convenience we're here to make laws and do it in a way that's not capricious i think that it would be
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interesting to know whether there's some kind of uniform in the per capita basis just the flub of districts there's new districts and do they have chargdz and they effect the make up of the business so it might be we're disadvantaging the districts because we're using the same number in all districts i'm not pro smoking but you perhaps - and in terms of it may not be convenient but i hear what you're saying and that's why there are exemptions to allow the current holders to maintain the business that's over attrition not effecting the businesses. >> not apparent requirement other than a side conversation
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with the mixed use it is capricious the way it's late out. >> again i'll have my colleague follow-up on that particular point. >> commissioner white. >> yes. commissioner dwight mentioned what i was going to bring up to determine the 45 i wanted a clarification to make sure if i'm a current holder when i sell my business the new buyer gets the right to get the tobacco license. >> yes. >> and if there's someone else pending for a licensed if this district like the special 45 is there 0 no way to take that step? >> meaning you mean if you want to sell our business to me and it's in a sat ratdz area can it
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be passed down. >> no, if someone is pending and we're in the middle of a transaction. >> that person will not be allowed because the exception is for the currently holders to the current business to the next purchaser. >> okay commissioner tour-sarkissian. >> i have a question about the move outs because the fleets in january. >> in january yes. the one that commissioner, i think was commissioner dwight because of the soft story upgrades before i the department downstairs so we do understand the increases of the rent i'm not sure those are necessarily per say are protected but for sure the
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displaced like for a year or two you have to do the ground floor updates. >> i was going to brought to your attention another situation if the retail stores shut down because of a fire or a natural disaster do we consider that in january. >> that should be considered that's a fair request because when it comes to residential displacement or business displummets our office interests for instance, we had the sunshine cafe that was burned out on 11th and clemente and they needed to find a new place in supervisor mar's district to find a location to get them on their feet that's the character.
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>> it talks about defining to allow you know the pga one of a business or selling of a business the continues operation you have the disruption a one or two because of a fire you ought to be able to sell our business. >> those are extreme circumstances. >> yes. >> any other comments before we go into. okay public comment on item 3 is there any public comment? >> thank you regina do we have cards? >> thank you want adams. >> we have (calling names). >> good afternoon, commissioners my name is blake i feel there
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should be some, some clear distinctions between bona fide stores and stores that sell e cigarettes is an alternative not tobacco if we take away the alternative people will go back to cigarettes and i'm the owner and operate of 1962 ocean avenue in the bay we rebutted the - we're going to go through the process of an appeal i'd like this item to be continued so that we can share some information with the supervisors so they can have a clear understanding how it is different should be addressed in
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this legislation between south side stores do you want interest internal revenue 21 stores out there and the supervisors should hear what the property owners have to say and the family and industry people what they have to see thank you very much for your time. >> thank you. >> thank you. next speaker, please >> good evening. i'm mr. kip want to reiterate we want to have this continued because seems like right now the legislation there are loopholes that need to be addressed before it is a complete legislation i mean do we want to pass legislation just to be
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convenient and then 4r5ir7b9d we realize other people are having problems then to fix the leak you know we should have a more holistic approach and this is an amendment not a new legislation and we also would like to think about you know the verbiage and language of this legislation because we think about it about take a look tobacco permit we're trying to amend the tobacco permit application the number 45 e cigarettes they're less than than under permits they need the have those permits and conditional use permit they have to file for now conditional use is democratic in nature you have to go through the public hearing through the
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commissioners and there's a whole you know like a year process for this thing when you go into cigarettes and e cigarettes the 45 number you can have for the cigarette retailers and have 5 retailers and the alternative will never you know the will also be like an imbalance it's innovate fair for the industry to suffer for people selling cigarettes and having the permit it seems like this legislation just needs a little bit more time and development before it should be presented and go into a vote versus like commissioner dwight said it shouldn't be done out of convenience because it's convenient for people to bring this legislation up before the
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citizens of san francisco it is a major inconvenience if you saw a business can you transfer this thing if i can't then it will make the business completely worstless to sell thank you very much for your time. >> thank you. >> thank you. next speaker, please. >> good evening, commissioners i'm 7-eleven fan a consultant for 1963 ocean avenue i think i applaud the supervisor for his intent i know he's trying to make sure that you know height is a top priority however, there are some changes that have come to the e cigarette industry it is a conditional use process whereas 21 prior stores opted without having to go through the process and two they've been on the


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